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'Duped dads' fight back in paternity cases
The St. Louis Post Disgrace ^ | 04/10/2007 | Matt Franck

Posted on 04/10/2007 1:21:59 PM PDT by Quick or Dead

JEFFERSON CITY — David Salazar is what many would call a "duped dad."

Repeatedly, courts have ordered him to pay child support for a 5-year-old girl, even though no one — not a judge and not the child's mother — claims he's the father.

In the eyes of many, Salazar, of Buchanan County, is the victim of a law that traps men into the child support payments, even though they can prove they're not the dads.

-snip-

That kind of statement angers Sen. Chris Koster, who is sponsoring the Missouri bill.

Koster, R-Harrisonville, said he knew children would be harmed as men used DNA to break paternity. But he said the current law mocked justice by pretending that a man is a father even when the evidence proves otherwise.

His bill would allow men to bring forward DNA evidence at any time to prove they are not obligated to pay child support.

-snip-

Linda Elrod, director of the Children and Family Law Center at Washburn University, said she was saddened by cases where DNA evidence was used to challenge paternity. She said the cases not only cut off support payments but often ruptured a mature parental bond.

Others, such as Jacobs, want to set a two-year deadline for using genetic tests to challenge paternity. She said courts also needed the discretion to weigh the quality of a parental relationship and the best interest of a child.

But Koster said such arguments by law professors ignored the fundamental truth in many cases — that the man is not the father and should not be obligated to pretend he is.

"It would be just as arbitrary to hang the responsibility of supporting the child with those professors," he said.

(Excerpt) Read more at stltoday.com ...


TOPICS: Front Page News; Government; News/Current Events; US: Missouri
KEYWORDS: atmdaddy; babydaddy; dna; itsforthechildren; missouri; paternity
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To: Quick or Dead
Others, such as Jacobs, want to set a two-year deadline for using genetic tests to challenge paternity. She said courts also needed the discretion to weigh the quality of a parental relationship and the best interest of a child.

I assume it would be in the best interest of the child to claim that Donald Trump was the father, whether he was or not. However, the "best interest of the child" argument is not justification for making a man pay child support for another man's child.

361 posted on 04/10/2007 6:23:52 PM PDT by SALChamps03
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To: goldstategop
The only exception a court could make is if the man had an on-going parental relationship with the child since I am of the view love and the child's welfare should override mere biology.

No man is under any obligation to support the child of another man, regardless of "parental" relationship. If he adopts, that's different.

362 posted on 04/10/2007 6:26:10 PM PDT by SALChamps03
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To: OB1kNOb
... What are the guy's best options under these circumstances to protect the baby's life and health while protecting his right to prove he is or is not the father? Anyone have any advice?My advice to you, young Jedi, is to stick to your guns. Resist all temptation to give in to the pressure.

Remember, someone's FUTURE this is that you deal with.

The child's DNA can be sampled from the amniotic fluid, so completely non-invasive it is to the child. The doctor either lying is, or kept up with prenatal medicine for the last 30 years he has not.

Wait for the DNA test, boy. To impulsively sign the birth certificate, well, that may lead to heartbreak, and heartbreak inevitably leads to the Dark Side.

Take my advice yourself, young Jedi, or to your friend pass it along.


363 posted on 04/10/2007 6:43:41 PM PDT by FierceDraka ("I am not a number, I am a free man!" - Prisoner Number Six)
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To: hunter112

If the father has admitted paternity, what slope?

If the nominal father was not present, he will probably want DNA to exclude him. After he is excluded, the DNA should be destroyed.


364 posted on 04/10/2007 6:49:00 PM PDT by patton (19yrs ... only 4,981yrs to go ;))
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To: HitmanLV
The money didn't go to mommy,

What planet are you from?

365 posted on 04/10/2007 6:49:25 PM PDT by grunt03 (live free or die)
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To: FierceDraka

“The child’s DNA can be sampled from the amniotic fluid, so completely non-invasive it is to the child.”

Well, kinda. The amnio procedure carries a small (like .2% or something, but 2/1,000 add up in a big country) risk of miscarriage.


366 posted on 04/10/2007 6:58:18 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: Quick or Dead
Here's a story in the Times about DNA testing for immigration purposes.  The poor slob in the story found out that only 1 of the several children he always considered his are in fact not his biological children.

DNA Tests Offer Immigrants Hope or Despair 

The article discusses his pain, of course   He is also seeking to still bring them to the USA to be with him, petitioning as a step-dad.  His personal pain is secondary to the care of the children he loves and long considered his.

Yes, he discusses the pain of the unfaithfulness of his wife, but he is a stand up guy and realizes that it's about the children, not him  getting his feelings hurt or being a victim, or whining about money or how they aren't his responsibility anymore.  Bravo! 

Some Freeper males should take note and see how a real man takes care of business!

367 posted on 04/10/2007 7:04:28 PM PDT by HitmanLV ("If at first you don't succeed, keep on sucking until you do suck seed." - Jerry 'Curly' Howard)
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To: HitmanLV
“And maybe I agree with you - I don’t like pretenses either. But I do think it’s desirable that he continue to be part of the child’s life. That doesn’t inexorably mean the ‘pretending’ you suggested.”

It also doesn’t mean the force of law should be unfairly applied to a man, or to the child.

And as far as it being desirable, Hell No, it is absolutely NOT desirable.
I made the the ultimately unfortunate decision that the extended paternal family of my child be allowed into her life as her birthright, and trusted her biological “family” to continue to be loving human beings to one of their own.

I would advise anyone in my former position from doing the same.

368 posted on 04/10/2007 7:20:04 PM PDT by sarasmom
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To: HitmanLV
I am simply stunned that it is not self evident that of course no man should have to pay a nickel for any child that he can prove that he has no genetic relationship with. Some Freeper males should take note and see how a real man takes care of business! A real man will waste the resources generated by the sweat of his brow on another mans child that was deceitfully claimed to be his? A real stupid man, perhaps. A real man will take responsibility for his own actions and will take total responsibility for his chjildren. A real man has no responsibility for someone elses cast off whelps except that which he voluntarily chooses to assume. The injustice of these types of situations is plain to see.
369 posted on 04/10/2007 7:29:09 PM PDT by JayHawk Phrenzie
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To: HitmanLV
Injustice - sometimes each option out of a set of options is unjust, so whatever we do we get an unjust result. Better the brunt of the injustice is absorbed by an adult male than a child.

Well then, why not just pick men with paychecks at random for each "fatherless" child in the world and start charging them child support?

Better that the brunt of the injustice be absorbed by adult males, after all, because adult males are nothing more than potential sex criminals and wife beaters.

And ATM machines, of course.

370 posted on 04/10/2007 7:47:05 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: HitmanLV
As you can understand, these situations are not as cut and dried as some folks on FR like to make it seem. ultimately, I find it silly that there is a pocket of conservative males (I won’t call them ‘men’) who talk all kick-ass, self sufficient, rugged individualism, and who disdain excuse making, but in the context of marriage and relationships, when confronted with a snag, mishap, or ‘situation,’ curl up in a figurative fetal position and complain about how things aren’t fair, and actually place their shallow sense of financial rights over the care of a child.

Hey, frak you and your self-righteous (and childless) pontificating, kid.

I've PAID my dues, literally and figuratively. You don't know shiat.

371 posted on 04/10/2007 7:50:57 PM PDT by FierceDraka ("I am not a number, I am a free man!" - Prisoner Number Six)
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To: HitmanLV
The new generation of weak males makes it very difficult for a decent woman to find a good, strong, masculine man.

So why aren't you married with a gaggle of kids yet? You sound like a strapping young man, from your posts on here, Internet tough guy.


372 posted on 04/10/2007 7:55:01 PM PDT by FierceDraka ("I am not a number, I am a free man!" - Prisoner Number Six)
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To: HitmanLV
I did say that when a personal father-child relationship has been established, someone is going to take a hit in this situation. I think it’s better that the adult man takes the hit, rather than the child. So when a child knows a man as ‘daddy,’ even if he isn’t the real father, I think the best thing to do - out of admittedly bad choices - is for him to continue that role.

Hitman, you've hit it right on the proverbial "nail's head".
I was just about to make the same statement, based on the last paragraph of the story and you stole my thunder!

In any case, based on your statements, you're one hell of a REAL father! I would like to believe, I am at the same level with you!

373 posted on 04/10/2007 7:59:43 PM PDT by danmar (Tomorrow's life is too late. Live today!)
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To: HitmanLV
You’re not only wrong, you’re very wrong.

NO! It is YOU who are mistaken - about a great - many - things.

Your smugness and self-righteousness bores me. So frak off, and enjoy your matress of solitude. You might want to shave off that neck-beard while you're at it. It's NOT sexy, and you'll never find a woman willing to make all the babies you want while it's still there.

Draka OUT.

374 posted on 04/10/2007 8:03:13 PM PDT by FierceDraka ("I am not a number, I am a free man!" - Prisoner Number Six)
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To: HitmanLV

>>Just because she cheated on her husband doesn’t mean she is a completely dishonest
>>person. Nor does it mean she is even mostly dishonest. That a woman has an affair
>>with a man who isn’t her husband, that creates a child, doesn’t mean she can’t be
>>trusted to use the money for the benefit of her child.

>>I think you’re trying to connect dots that don’t connect very well, sorry.

Pardon my interruption, but on this I have to speak up.

So, in your opinion someone who breaks covenants with God and their spouse is going to be honest in everything else?

To you that does not make this person male or female less trustworthy?

When Bill Clinton was occupying the oval office, I often stated that if his wife could not trust him than how could I?

I also remember saying of her hindness if she’s the smartest woman in the world how come everybody else in the country knew bill was lying before she did?

By your reasoning Bill Clinton could have been a fantastic CIC in spite of his person indiscretions, after all, it’s all about sex.

I will disagree with you on this all the way to the mat, there is not better indicator of personal honesty than honesty within the marriage covenant.


375 posted on 04/10/2007 8:04:16 PM PDT by DelphiUser ("You can lead a man to knowledge, but you can't make him think")
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To: E. Pluribus Unum

Bitch should be shot. Period.


376 posted on 04/10/2007 8:08:53 PM PDT by RightOnline
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To: HitmanLV

You really don’t get out into the world much, do ya son.............


377 posted on 04/10/2007 8:09:55 PM PDT by RightOnline
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To: HitmanLV
Don't you think a man, 1) who discovered his wife cheated on him, 2) is now being forced to support the child of that adultery, 3) she delaying confessing, or having no intention to confess, repented her act an giving the child time to see this man as a "father", 4) did not want or love that child under those conditions, would be a detriment to the raising of that child?

Also, if the man (now probably divorced) never got, or chose not, to see the child, would that destroy your basic reasoning, because the child would have not "father" for all practical purposes?

378 posted on 04/10/2007 8:12:56 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: MeanWestTexan; All

Your story doesn’t surprise me as it will most who read it. Few believe me when I say that ANY woman......ANYwhere........can name ANY man as the father, and the f**king State will use its resources to go after that....ahem....”deadbeat dad” on her behalf.

It’s true as hell, and anyone who tries to deny it can talk to you................or to me.

Without spending a s**tpot full of money, as you know, there isn’t a damned thing you can do about it, either. Welcome to the USSA.


379 posted on 04/10/2007 8:13:54 PM PDT by RightOnline
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To: HitmanLV

>>Also fraud includes intent. The woman who has another man’s baby maybe had no
>>intent to deceive her husband as to the paternity of the child.

ROTFLOL! She accidentally slept with someone else and then it slipped her mind for oh five years or so.

>>She may simply be wrong. ‘Fraud’ is a legal concept and this dynamic doesn’t
>>necessarily mean fraud.

Yes it does.


380 posted on 04/10/2007 8:16:29 PM PDT by DelphiUser ("You can lead a man to knowledge, but you can't make him think")
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